Common use of LIMITATION OF LIABILITY; DISCLAIMER Clause in Contracts

LIMITATION OF LIABILITY; DISCLAIMER. 5.1 EXCEPT FOR EITHER PARTY'S LIABILITY FOR THIRD PARTY CLAIMS AS SPECIFIED IN ARTICLE 9 BELOW OR IN APPENDIX A, SECTION C(7), OR ANY PARTY'S BREACH OF ARTICLE 3, OR DAMAGES ARISING FROM PERSONAL INJURY, IN NO EVENT SHALL CONTENT PROVIDER, INFOSEEK, GO PARTNERS OR ANY OF THEIR AFFILIATES BE LIABLE TO ANY OTHER PARTY OR ITS AFFILIATES FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY NATURE, EVEN IF SUCH PARTY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF ANY PARTY AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY.

Appears in 2 contracts

Samples: Distribution Agreement (Drkoop Com), Distribution Agreement (Drkoop Com)

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LIMITATION OF LIABILITY; DISCLAIMER. 5.1 8.1 NO CONSEQUENTIAL DAMAGES. EXCEPT FOR EITHER PARTY'S LIABILITY FOR THIRD PARTY CLAIMS AS SPECIFIED IN ARTICLE 9 BELOW OR IN APPENDIX A, SECTION C(7)12 BELOW, OR ANY EITHER PARTY'S BREACH OF ARTICLE 36, OR DAMAGES ARISING FROM PERSONAL INJURY, IN NO EVENT SHALL CONTENT PROVIDER, INFOSEEK, GO PARTNERS EITHER PARTY OR ANY OF THEIR ITS AFFILIATES BE LIABLE TO ANY THE OTHER PARTY OR ITS AFFILIATES FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY NATURE, EVEN IF SUCH PARTY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF ANY EITHER PARTY AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY.

Appears in 2 contracts

Samples: Distribution Agreement (E Loan Inc), Distribution Agreement (E Loan Inc)

LIMITATION OF LIABILITY; DISCLAIMER. 5.1 8.1 NO CONSEQUENTIAL DAMAGES. EXCEPT FOR EITHER PARTY'S LIABILITY FOR THIRD PARTY CLAIMS AS SPECIFIED IN ARTICLE 9 BELOW OR IN APPENDIX A, SECTION C(7)12 BELOW, OR ANY EITHER PARTY'S BREACH OF ARTICLE 36, OR DAMAGES ARISING FROM PERSONAL INJURY, IN NO EVENT SHALL CONTENT PROVIDER, INFOSEEK, GO PARTNERS EITHER PARTY OR ANY OF THEIR ITS AFFILIATES BE LIABLE TO ANY THE OTHER PARTY OR ITS AFFILIATES FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY NATURENATURE ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF SUCH PARTY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF ANY EITHER PARTY AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY.

Appears in 1 contract

Samples: Distribution Agreement (Travelocity Com Inc)

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LIMITATION OF LIABILITY; DISCLAIMER. 5.1 9.1 NO CONSEQUENTIAL DAMAGES. EXCEPT FOR EITHER PARTY'S LIABILITY FOR THIRD PARTY CLAIMS AS SPECIFIED IN ARTICLE 9 BELOW OR IN APPENDIX A, SECTION C(7)13, OR ANY EITHER PARTY'S BREACH OF ARTICLE 37, OR DAMAGES ARISING FROM PERSONAL INJURY, IN NO EVENT SHALL CONTENT PROVIDER, INFOSEEK, GO PARTNERS OR ANY OF THEIR AFFILIATES EITHER PARTY BE LIABLE TO ANY THE OTHER PARTY OR ITS AFFILIATES FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY NATURE, EVEN IF SUCH PARTY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF ANY EITHER PARTY AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY.

Appears in 1 contract

Samples: Content Distribution Co Brand Agreement (Sportsnuts Com International Inc)

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